Tesla Loses Top Gear Libel Suit, Still Pursuing "Malicious Falsehood" Charge

Edward Niedermeyer
by Edward Niedermeyer

Earlier this year, when Tesla sued Top Gear for libel (allegedly committed way back in 2008), I argued that Tesla was likely to lose the case. And sure enough, The Guardian reports

Electric sports carmaker Tesla Motors has lost a major part of its high court libel claim against the BBC’s Top Gear programme, but is still suing the corporation for malicious falsehood over an episode that showed the company’s Roadster model running out of battery in a race.

Ruling at the high court in London on Wednesday, Mr Justice Tugendhat said that no Top Gear viewer would have reasonably compared the car’s performance on the show’s airfield track to its likely performance on a public road.


Judge Tugendhat ruled

In my judgment, the words complained of are wholly incapable of conveying any meaning at all to the effect that the claimant [Tesla] misled anyone.

This is because there is a contrast between the style of driving and the nature of the track as compared with the conditions on a public road […] are so great that no reasonable person could understand that the performance on the [Top Gear] track is capable of a direct comparison with a public road

Which is remarkably similar to the argument I forwarded earlier this year:

Since even Tesla has admitted that the first-gen Roadster wasn’t a track car, wouldn’t it have been even more misleading for Top Gear to depict it as a car that is capable of driving its entire claimed range in hot-lap driving?

Justice Tugendhat is expected to rule on the “malicious falsehood” complaint later this week, but don’t be surprised if it’s thrown out. And even if it isn’t, one wonders why Tesla went to all this trouble. Their claim in court is that the 2008 broadcast continues to impact their business because of its availability via download, DVD, and syndication. But really, that can’t be than the negative publicity generated by Tesla’s belated and highly-public attempt to sue the world’s most popular motoring show.


Edward Niedermeyer
Edward Niedermeyer

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  • Grzydj Grzydj on Oct 19, 2011

    Hey Elon. Nobody cares. Shut up. Go cash your government checks and be happy that your stupid company is still around, because if the true free market still existed Tesla would have been gone a long time ago.

  • Ronnie Schreiber Ronnie Schreiber on Oct 19, 2011
    And even if it isn’t, one wonders why Tesla went to all this trouble. Publicity, my boy, publicity. That and Elon Musk's ego.
  • Varezhka Of all the countries to complain about WTO rules violation, especially that related to battery business…
  • Carson D At 1:24 AM, the voyage data recorder (VDR) stopped recording the vessel’s system data, but it was able to continue taping audio. At 1:26 AM, the VDR resumed recording vessel system data. Three minutes later, the Dali collided with the bridge. Nothing suspicious at all. Let's go get some booster shots!
  • Darren Mertz Where's the heater control? Where's the Radio control? Where the bloody speedometer?? In a menu I suppose. How safe is that??? Volvo....
  • Lorenzo Are they calling it a K4? That's a mountain in the Himalayas! Stick with names!
  • MaintenanceCosts It's going to have to go downmarket a bit not to step on the Land Cruiser's toes.
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